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CBA undergoing major 'rethink'
Law Times
A comprehensive soul-searching is underway at the Canadian Bar Association as the organization attempts to find ways to become more relevant to lawyers.

Taming the digital chaos
Canadian Lawyer
In our November/December cover story, we take a look at the growing risks posed by technology. Almost overnight, cyber security has gone from a niche information technology issue to an explosive consumer issue to a top-of-mind business concern that is increasingly becoming a boardroom priority.



Judge finds creative way around mandatory jail time
Law Times
Ontario Superior Court Justice Ian Nordheimer came up with an appropriate mandatory minimum sentence in a recent child pornography case, but in a twist that has the criminal bar talking about his creative approach, he decided the defendant wouldn't serve it in jail.

LawPRO ordered to indemnify Heydary's victims
Law Times
A year after lawyer Javad Heydary disappeared amid client claims for $3.6 million in missing trust money, an Ontario Superior Court judge has ordered LawPRO to indemnify them.



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The most interesting man at Queen's Park
Canadian Lawyer
Jagmeet Singh stands out. In the bespoke suits and custom-fitted shirts he favours, Singh looks like he should be on the cover of a glossy magazine — which he was when Toronto Life named him to their best-dressed list last year.

Video: Cross-examined - Jagmeet Singh

Seeking alternative arrangements
Canadian Lawyer
Responses to the 2014 Canadian Lawyer Corporate Counsel Survey indicate there is a growing interest within the in-house bar to changing the conversation when it comes to negotiating billing options with external law firms.

Going Small
Canadian Lawyer
While 52 per cent of Alberta's population lived in the province's two large cities in 2012, the great majority of lawyers live in those cities: 6,636 of 7,742. That leaves 1,106, or 15 per cent to serve the other 48 per cent of Albertans.

Bitter battle brewing over coffee cup format
Canadian Lawyer InHouse, online
In a move some competition lawyers say is "odd," Club Coffee has filed a formal complaint with the Competition Bureau of Canada asking for an investigation of coffee company Keurig Green Mountain alleging it has created a monopoly and driven up prices in the K-cup format of single hot beverages.



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News

Unsportsmanlike behaviour
Canadian Lawyer
If you believe employers should demand minimum standards from their employees on and off the job, when does it infringe on the employee's privacy rights? And what constitutes inappropriate behaviour? Is alcohol off limits? Cigarettes? Speeding? Swearing? The answer is: it depends.

Students get an earful on the realities of solo practice
Canadian Lawyer 4Students, online
The University of Ottawa's Small Practice Law Students' Association was founded by three University of Ottawa law students in the fall of 2013. Just a couple of months into its second year, the membership has tripled and the latest event, "Start Your Own Firm after Law School," was a success.

Lundin deal highlights prominence of stream financing in rough mining market
Lexpert, online
Stream financing is increasingly becoming a crucial third leg in how mining transactions are bridged, as highlighted by Lundin's recent $1.9-billion purchase of the Freeport-McMoRan copper mine in Chile.

Greenwashers warned about legal risks
Law Times
More than ever, it pays to be green as companies increasingly put out products that claim to be environmentally friendly in order to go after environmentally conscious consumers. But companies that engage in so-called greenwashing could be opening themselves up to lawsuits and regulatory action.

Five lawyers named to Ontario court
Law Times
The provincial government has appointed five lawyers as judges of the Ontario Court of Justice. Click here to read more of this story and other news tidbits in this week's Inside Story.



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Commentary

Nordheimer's delicate dance
Law Times, editorial
Ontario Superior Court Justice Ian Nordheimer's decision in R. v. Donnelly reinforces the importance of considering mental health in the corrections system, something several cases have shown our institutions often haven't done a great job of addressing.

Upping your game
Canadian Lawyer, editorial
The annual Canadian Lawyer Corporate Counsel Survey in this issue has a strong focus on alternative fee arrangements. AFAs are what everyone — law firm management, in-house counsel, law associations, legal consultants, and anyone else who cares about the business of law — is talking about. The thing is, while everyone is talking about them, few can actually pinpoint what an AFA is.

'Victim-blaming couched as legitimate judicial inquiry'
Canadian Lawyer, online
Lori Douglas is the victim of a sexual crime; her public re-victimization is just plain wrong, write Jasmine Akbarali and Gillian Hnatiw.



Carswell Westlaw

Commentary

Despite flaws, reasonable hypothetical scenarios remain key to judicial oversight
Law Times
We all know mandatory minimums tend to be unpopular with judges, and each year the government adds more of them to the Criminal Code. But the judicial inclination to defer to Parliament's policy prerogative in sentencing matters is also strong, writes Michael Gourlay in his column, A Criminal Mind.

LSUC needs to offer more guidance on appropriate technology
Law Times
In her Bits & Bytes column, Monica Goyal explains that, while the LSUC does provide some guidance through its online publications and its technology practice management guidelines, neither of them provides concrete answers on what is and isn't acceptable when it comes to the use of technology in a law practice.

A hypothetical analysis of Ghomeshi's chances in his employment law case
Law Times
When it comes to the employment law side of his predicament, the irony is that could be his best argument — that he is indeed sick, writes David Harris in this week's Speaker's Corner.

The dos & don'ts of articling
Canadian Lawyer 4Students, online
There's no such thing as a stupid question, writes Jenny Poon. Most employers would rather you ask questions than make a mistake that would cause irreparable harm.



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Did the Ontario Court of Justice get it right last week in allowing an aboriginal family to take their daughter with cancer off chemotherapy? Click here to have your say in the weekly Law Times poll.



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Case law

Case Law is a sample selection from the weekly summaries of notable unreported civil and criminal court decisions published in Law Times newspaper.

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